Loading...
HomeMy WebLinkAboutD-1595 :[. ,.1' II' .~ , ".1 ':"~""; CERTIFICATE OF ACCEPTANCE ~~ 03935 r G 547 This is to certify that the interest.in real property conveyed or transferred to the City of Arcadia, a municipal corporation, by the deed, grant, conveyance or instrument dated March 4, 1968 ", from or executed by Lillian Ann Moriarty , is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Reso1ution'No. 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly ='";:;:':~;q;d - , Ci ty Manager/ The document thus described is hereby ~ ~ 0--. ~?t~ City Engineer '''"0"'' ~ City Atto ~ fi'::CORDING REQUESTED BY ~16 ~ K [J3935 r G 546 IJ- /ctpr CITY OF ARCADIA 6 7.:?S~4P eAJ-. AND WHEN RIECO"DIED ~ArL TO RECORDED IN OFFICIAL RECORDS OF LOS ANGELES COUNTY. CALIF. FOR TITLE INSURANCE & TRUST CO. MAR 11 1968 AT.,8 A.M. RAY E. LEE, County Recorder [;~~E 1. G J I Nom. City Clerk Str..t P.O. Box 60 Addrllll C.ly & Arcadia, Calif. Stole L I -.J Nom. MA'l 'AX STATfMfNTS TO I City of Arcadia I SPACE ABOVE THIS LINE FOR RECORDER'S USE ();t': s. .t 4. 9'S Grant Deed AFFIX I.R.S. $... .1, " c...:- Str..1 Addreu City & Sto'.'L --1 ABOVE TO J,O!J C 14_67) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the following described real property in the County of Los Angeles City of Arcadia, , State of California: * Cl ~ rt '<; o H, :x> f-j () Il> a. f-" Il> LILLIAN ANN MORIARTY ,l. erebv GRANT(S) to the CITY OF ARCADIA, a Municipal Corporation /NrE6 , . sn essamaRt for publ~c street and road purposes, to become a part of and to be ',known as Baldwin Avenue, in, on, upon and across That portion of Lot 2 of Tract No. 4869, in State of California, as per map recorded in County, described as follows: the City of Arcadia, County of Los Angeles, Book 52, Page 13 of Maps, records of said ------ Beginning at the northwesterly corner of.said lot; thence easterly along the northerly line of said lot to the easterly line of the westerly l7.00'feet of said lot; thence southerly along said last mentioned easterly line to the beginning of a tangent curve concave northeasterly and having a radius of 15.00 feet and being tangent at its souther 1 terminus to the southerly line of said Lot 2; thence southeasterly along said last mentioned curve to said last mentioned southerly line, thence westerly and northerly along the southerly and westerly lines respectively, of said Lot 2 to the point of beginning. ' ~---- b In Vl ifJ 1- I~ o ?,: 0. Dated nJ -I f9t~ . , ~ L fp . ^^' Uu", Ltflian Ann Moriarty .., ~ !: ..:-: " '" ~ ::j " r'1 o 2: a to , -< STATE OF CALIFORNIA }ss COUNTY OF LOS ANGELES On ? - V - 6:7? before me, the under- sl"ned a Notary Public In and for said State, personally appeared o , Lillian Ann Moriarty l\:J to be the person_whose namp Instrument and II " wledged that nd officidI seal. is she . known to me subscnbed 10 the wlthm executed the same " - - . ~ - - '. JEAN RIGGS Commission Expires April 5, 1969 Name (Typed or Pnnted) I J::M-! RIGGS I NOTA:.Y ?U3l,C, CALIFORNIA P<INCIPAl OFFICE IN I LOS ANGElES COUNTY - Y y . - - ; - - - ~_ .~ SIgnature ------ (Thl. alea. (rll olflclal notanal &elli) Title Order No. Escrow or Loan No. MAil TAX STATEMENTS AS DIRECTED ABOVE . . GRANT DEED GRANT DEED Title Insurance and Trust Company Title Insurance and Trust Company COMPLETE: STATEWIDE TiTLE SERVICE WITH ONE LOCAL CALL COMPL.ETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CA.LL '" - ........ \- ",. .. . - -. , ~ l '>. < CITY COUNCIL DON W HAGE MAYOA City of Arcadia C ROBERT ARTH "'AYOR PRO TE'" EDWARD L BUTTERWORTH ROBERT J CONSIDINE JAMES R HELMS JR ~ 240 WEST HUNTINGTON DRIVE ARCADIA, CALIFORNIA LYMAN H COZ.AO CITY "'ANAGER CHRISTINE. VAN MAANEN CITY CLERK May 9. 1968 Mr. 500 Los John R. Passarella, West Temple Street, Angeles, California Auditor-Controller Room 153 90012 Attention: Eleanor Parker, Tax Cancellation Section Subject: Request for Cancellation of Taxes Baldwin Avenue Parcel No. 19 Dear Mr. Passarella: Please cancel as of the date of recording all taxes on the property described in the enclosed copy of deed. This prop- erty is part of a larger parcel acquired for street widening purposes. There is no building on it. Very truly yours, RDO: jh Enc. 1- MAILING ADDRESSES CITY HALL POBOX eo Gl00l!l LIBRARY 20 W DUARTE ROAD 910015 POL-ICE DEPARTMENT POBOX eo 910015 FIRE DEPARTMENT 110 5 SANTA ANITA AVE 91006 TELEPHONES 4415_4471 . 681..0278 448-7111 447_2121 448.2128 _:{!; ': . . . . . ' MARK H BLOODGOOD AUDITOR_CONTROLLER #/$'90-- COUNTY OF LOS ANGELES DEPARTMENT OF AUDITOR-CONTROLLER ROBERT A. GU..L. CHIEF OE:PUTY 153 HALL OF ADMINISTRATION LOS ANGELES. CALIFORNIA 90012 625-361 1 J R PASSARELLA, CHIEF. TAX DIVISION February 21, 1969 City of Arcadia 240 West Huntington Drive Arcadia, California RECEiVF:J FES 27 19r.') CITY OF ARc...., \ CtT"( ~nORNfi:t Attenti.n: Robert D. Ogle City Attorney' Re: Baldwin Avenue Parcel No 19 Lillian Ann Moriarty - Grantor Gentlemen: Pursuant to your letter dated May 9, 1968, taxes have been cancelled in accordance ~ith Section 4986 of the Revenue and Taxation Code. This cancel- lation ~as ordered by the Honorable Board of Super- visors October 22, 1968 by Authorization No. 06161. Very truly yours, l!J\RK II. BLOODGOOD, Auditor-Controller ?j( By J. R. Passarella, Chief Tax Division JRP!EHP/tc -- ~~;;- / <7-:9S-:- rtY~\ 11 TO 1012-1 F C CallfornlO land Tille ASSOciation Standard Coverage Policy Form COPYright 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporatlon, herem called the Company, for a vJ.luable consideratlon paId for thIS poltey, the number, the effectIve date, and amount of which are shown In Schedule A, hereby Insures the parties named as Insured In Schedule A, the heirs, deVisees, personal representatives of such Insured, or If a corporation, Its successors by diSSolution, merger or consoltdarlOo, agamst loss or damage not exceedmg the amount stated In Schedule A, together with costs, attorneys' fees and expenses WhICh the Company may become obhgared to pay as proVided In the CondJtulns and Stipulations hereof, whICh the Insured shall susram by reason of- Any defect In or hen or encumbrance on the tItle to-the eSlate or Interest covt'red hereby In th( land descnbed or referred to In Schedule C. nl~tlnJ.: at the date hereof, not shown or reft'rred to In Schedule B or excluded from coverage In Schedule B or In the Conditions and StlpulawJlls, UI 2 Unmarketabduy of such tItle, or Any defect In the executIOn of any mortj::age shown In Schedule B secutlng an mdtbtednes<;. the owner of whICh IS named as an Insured In Schedule A. but only Insofar as such defect affects the lIen or charge of saId mortgage upon the estate or IOterest referred to 10 thiS policy, or ..J. Pnonty over said mortgage, at the date hereof, of any lten or encumbrance not shown or referred to 10 Schedule H, or excluded from coverage In the CondItions and StIpulatIons, s,ud mortgage bemg shown in Schedule B m the order of ItS pnonty, ~ ,",~,~","''\'''' . all subject, how~ei~[Q die proVIS1f!..~S of Schedules A, Band C and to the Conditions and StlpulatlOm. hereto annexed:'- ....~CE AND "V. 11\1, ;' ^ r 00000000 Vo$ 'I ;:,~""'000",€.\5PF/OOoo;' ,. ~~o,?>O{l~>1'1l l'^O_i"'\') :t ~ oo5v ./;J.~"f;(JlE1il}J~~w;.~Jness~~hereofJ Title Insurance and Trust Company has caused Its ;,! .....,; 0 ~ 0. Of 'i;.._ y: ~ 0 ..., ,~ ;it! I.4J 0 J..:. l} ,/ cOfPoratelname and seal to be hereunto affixed by Its duly authotlzed officers ~ -.I gL~~ _o'n',th~te~sh~~:1ll Schedule ^. '" I- 0 Alh ~ - l-fl~lU ~ ~ ~ _ o-'.-'~ ._I~ 0"" % ~ l- ~ :/~:*#~~f =:;)~ -:! -.: ~ '6 -l< 00-1..,:' ~~_. ,'-./1' ~,:;oo 1} ~ 'I oo"c!' ---~~--'-- t-~voo ~ "I <'0 oo~rATE IS GUooo ~'':- 'I, ~ -4 00000000 v...."..:- \1\\ NGELES, ~ \\\\'\"'""~,~- Title Insurance and Trust Company by ~~ ~SIDEN1 Attest CJLu /fj-~ SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used 10 thIs policy mean (a) "land" the land descnbed, specdlc- ally or by reference, 10 Schedule C and Improvements affIxed thereto whIch by law constitute real property, (b) "publ1c records" those records whICh Impart constructive notICe of matters relatmg to said land, (e) "knowledge" actual knowledge, not constructive knowledge or notIce which may be Imputed to the Insured by reason of any pub he records, (d) "date" the effective date, (e) "mortgage" mortgage, deed of trust. trust deed, or other secunty Instrument, and (f) "lOsured~' the party or parties named as Insured, and If the owner of the in- debtedness secured by a mortgage shown 10 Schedule B IS named as. an Insured In Schedule A, the Insured shall Include (1) each successor In Interest In ownership of such Indebtedness, (2) any such owner who acquires the estate or Interest referred to In thIS poilcy by foreclosure, trustee's sale, or other legal manner In sattsfactlon of said Indebtedness, and (3) any federal agency or mstrumentahty which IS an In. surer or guarantor under an insurance con- tract or guaramy insuring or guarameeln,ll: said Indebtedness, or any part thereof, whether named as an msured herein or not, subject otherWise to the proVISIOns hereof 2 BENEFITS AFTER ACQUISITION OF TiTlE If an Insured owner of the Indebtedness secured by a mortgage descnbed m Sched- ule B acquIres saId estate or Interest, or any part thereof, by foreclosure, trustee's sale, or other legal manner In satlsfactlon of said Indebtedness, or any part thereof, or If a federal agency or instrumentality acqUires said estate or Interest, or any patt thereof, as a consequence of an Insurance contract or guaranty InSUring or guaramee- I ng the Indebtedness secured by a mortgage covered by thIS policy, or any part thereof, thiS poltcy shall contInue In force In favor of such Insured, agency or mstrumentailty, subject to all of the condmons and sttpula. tlOns hereof 3 EXCLUSIONS FROM THE COVERAGE OF THIS POLICY ThiS poiJcy does not Insure agalOSt loss or damage by reasons of the followmg (a) Any law, ordlOance or governmental regulatlOn (mcludmg but not limned to building and zOning ordmances) restricting or regulating or prohlbltmg the occupancy, use or enjoyment of the land, or regulAting the character, dimensiOns, or location of ,lOy Improvement now or hereafter erected on said land, or prohlbHlng a separatlOn m (1wner~hlp or a reductzon 10 the dimensiOns or ared. of any lot or parcel of land (b) Governmental nghts of police power or emrnent domalO unless notice of the t.'xern~e of such fights appears 10 the public rewrds at the date hereof (c) Title to any property beyond the hnes of the land expressly deSCribed 10 Schedule C, or title to streets, roads, ave. nues, lanes, ways or waterways on whICh such land abut~, or the 11~ht to m,lInt,lm therein vaults, tunnels ramp~ or an}' other structure or Improvement, oz any tights or easements [herem unle<;s thiS policy spenflc- ally proVIdes that ~uch propel ty tlght~ or easements are IOsured extept that If the land abuts upon one or more l,hY<;ICall}' open Streets or hlghway~ thl~ polJ(Y Imure:> [he ordznary rights of ahuttlng owners for acces'i to one of such ~treets 01 hlghwJ.Y~, unle~~ otherWise e"\.ceptLd 01 excluded herem (d) Defects, liens, encumbrance<;, ad\else claims J.gaInst the otle as Insured or other matters (1) created, suffered, as"umed or agreed to by the Insured claiming lu<;s 01 damage, or (2) known to the Insured Chllmant either at the date of thiS pollC\' or at the date such Imurcd Claimant ac- qUired an estate or IOtere~t IOsured by thl~ pobcy and not shown by the public H:cords unless dlsclo~ure thereof 10 wfltmg oy th~ Insured shall have been made to the Com- pany priOr to the date of thiS politY, or (3) resultmg 10 no lo~s to the Insured ClJ.Im- ant, or (4) attachmg or created subsequent to the date hereof (e) Loss or damage which would oot have been sustamed If the Imured were ,I purchaser or encumbrancer for value With- out knowledge 4 DEFENSE AND PROSECUTION OF ACTIONS -NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at It<. own co~t and Without undue delay shall proVIde (I) for the defense of the Insured 10 J.1l IwgatlOn conSIsting of actlons or proceedlOg~ com- menced against the lmured, or detemes, restraInIng orders, or Injunctions interposed agamst a foreclosure or sale of the mort- gage and lOdebtedness covered by thl~ polley or a <;ale of the estate or Intere'>t In s,ut! land, or (2) for such .lctwn as nul' be appropnate to estabhsh (he title of the estate or Interest or the hen of the mort- gage as Insured, whICh IittgatlOn or actIOn to any of such events IS founded upoo .In alleged defect, lIen or encumbrame 10- sured agalOst by thiS policy, and mJy pur- sue any litigatIOn to fmal determinatIOn 10 the court of last resort (b) In ca~e any such actIOn or proceed- 109 shall be begun, or defense mterposed or 10 case knowledge shall come to the In- sured of any claIm of title or 10terest whllh IS adverse to the title of the estJ.te or In- terest or lien of the mortgage as 1n~L1led, or which nllght cause loss or damage for whlth the CompJ.ny shall or may be ltJ.ble by virtue of thl:> polity, or zf the Imured shall 10 good fanh contract to ~eIl till In- debtedness ~ecured by .1 murtg.l,fW l()\ ered by thiS pohcy, or, zf an Insurt"d In good [,lith leases or contracts ro sdl, k,l'ie or mortgage the s.lIne, or If the ~llcces~ful bld(kr at a foreclosure '>.lie und<-r a mort g,lge covered by thiS policy refuses to pur- chase and In any such event the title to said estate or Interest IS rejected n,> un- marketable, the Insured shall notify the Company thereof 10 Wtltlng If SUdl OC,flll shall not be given to the Company ,....Itlun ten days of the receipt of process or ple.ld- lOgS or If the Insured sh.dl not, 10 wrltmg-, promptly notify the CompJ.ny of nny de- flct lien or encumhlance lO'>urcd agam"t which ~h,dl tome to the knowledge of the Insured or .f the Insured ~hall not 10 wntln~ promptly notdy the Company of any such rejectIOn by re[l~on of claimed un- 111.\rk.et,IOdlty of tltk then .Ill li.lbillty of tht" Comp,lO} m regard 10 the subject matter of wch .lC([On, proc~edlOg or m.ltter ~hall Ce:J.st" ,Ind rermmate, proVided, however, th.1t fJ.dlIle to notify shJ.ll 10 no ca~e ple)udlCe the claim of any Imured unI('~~ the COl1lp.my shall he actually preJudzced by sUlh f.lllure ,md then on I}' tn the e\.lt"nt of :>uch prejudICe (c) The Company shall havL the tlf:hr .It ItS own (ost to lO<;tJtute and prosecute ,my action or proleed1Og or do any other act which In ItS opinIOn may be necess,lty or desrrahlc to establish the title of the e:>tJ.te or Interest or the lien of the mOl t. gaf:e as In~urt"d, and the Company m,IY take .lay appropnate actIOn under the tel m, of thIS polICY whether or not It shall hl' I1.lble thereunder and shall not thereoy concede 11,lbdzty or \\',l1ve any proVISIOn of thzs policy (d) In all cJ.<;es where thl~ polICY per- mits or reqUlre~ the Company to pro~ecute or proVide for the defeme of any action or proceedlO,g, the IO"uled ~h,ltl ~eCUle to It the nght to '>0 plOsenzte or proVide dl- fen"e 10 ~ulh ,lctlOn or proceeding, and all appeals therelO and permit It to use, at It'> opt lOn, the n.lme of the Imllfld for such purpo~e Whenever reque,>ted oy the Com. pany the lnsured ~h,tl[ give the Comp;J,ny ,t11 reasonable aid In any <;uch actIOn or proceedmg, m effeltmg "ettlement, secunng lVldlnce, obtalnmg wltne""e~, or pro,>elll- tlng or deft"ndln,g ~uch ,Ictlon or proceld. Ing .lOd the Comp.IOY ~h,lll reimburse the Insurd fur any el..peO'>e ~o mcurred 5 NOTICE OF LOSS - LIMITATION OF ACTION In add won to the n(ltlcc~ rtqum:d undlf paragr.lph <1(h), a <;tJ.tement In wntm,l:; of ,lny lms or damage for whICh It IS cLllmed the CompJ.ny IS 11,lhle under thiS policy ~hal1 he furmshed to the Company Within SDt.[y clJYs after suth loss or J..Image "hall have been determined and no tight of actIOn ..hall accrue to the In"ured unclel thiS poliCY until thirty day~ after smh ~tJ.tement ~ha[j h,lve been fUlOl~hed, and no recovery shall be h,ld by the Insured under thiS polICY unl~s~ J.ctlon shJ.ll hl commenced thereon wltllln five year~ aftlf explf,ltJOn of s..lld thirty day plflOd P,llltlll to furnl'>h "uch statement of lo~~ or Jam.lJ:l or to commence :>uch ..Inion wlthm thl time heremhcfote ~peClfleJ, sh.i11 he ,I con clu'>I\t' o.1t .1galO'>t 111,llntln.1l1U: hy tfw In- sUfld (If .InY action under tlll~ plllllY 6 OPTION TO PAY, SETTLE OR COMPRO. MISE CLAIMS Thl Cnmp..lny ~ha[[ h,lve thl opoon III p.IY (Ir '>dtle or comproml~e for or 10 tht n,une of the Insured any c1,lIm In'>UIld .1,L:.IIIl,t or [() pay thL full al110llnt of till' pol It} or, In CJ."e lo,>~ IS cl,llmlJ unlkr thl'> j'lJhlY oy the ownu of tht InJthtlJnl'>~ ,>eCLlfld hy a mortg1~l covt:rld hy thl'> pullcy the Company ~hal[ have the optIOn to purth,l'oe said Indebtldne'i~, weh pur- dl.."e, p,lymlnt or tendu of p.lYlllt'1lt of (ConditiOns and Stipulations Continued and Concluded on Lost Page of ThiS Polley) TO 1012.) AB C CalIfornia Land Tltl. Anaclahon Standard CoYerogo Pollcy-1963 SCHEDULE A PremIum $ tj7.fo Amount $ 2, 000 .00 EffectIve Date March 11, 1968 at 8 a.m. INSURED ]Johey No 67 25 949 CITY OF ARCADIA, a municipal corporation. 1. Title to the estate or interest covered by this pohcy at the date hereof is vested in CITY OF ARCADIA, a municipal corporation. 2. The estate or interest in the land described or referred to in Schedule C covered by thIS policy is a fee SCHEDULE B 'Ibis policy does not insure against loss or damage by reason of the following: PART I 1. Taxes or assessments whIch are not shown as existing hens by the records of any taxmg authonty that levIcs taxes or assessments on real property or by the publIc records. 2 Any facts. rights, interests, or claIms which are not shown by the pubhc records but which could be ascertamed by an msperuon of saId land or by malung InqUIry of persons in posseSSIOn thereof 3. Easements, claims of easement or encumbrances which are not shown by the pubhc records 4 DiscrepancIes, conflicts in boundary lmes, shortage in area. encroachments, or any other facts whIch a correct survcy would msclose. and whIch are not shown by the publIc records 5 Unpfltented mming claIms, reservations or excepbons In patents or in Acts authoriZIng the Issuance thereof. water rights, clarms or tItle to water. TO 1012-18 Con'. C CaUtornlC:I land TItl. Auadatlon SMnlhud Conrag. PoliC'f-1963 S C H E D U L E B - (Continued) PART II 1. General and special county and city taxes for the fiscal year 1968-1969, a lien not yet payable. General and special for the fiscal year Second Installment county and city taxes 1967-1968 $354.91 Parcel No. 5785-1-2 2. Covenants, Executed By Recorded conditions and restrictions in the deed Peter L. Cuccia prior to February 15, 1950 in booK 830 page 343, Official Records in the deed Rudo}ph H. SchwarzKopf prior to February 15, 1950 in book 3577 page 69 of Official Records Which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value. And set forth Executed By Recorded 3. An 'action in the Commenced Entitled Superior Court February 9, 1968 City of Arcadia, a municipal corporation vs. Britta L. Albert, et al., 926351 county of Los Angeles public use - Parcel 19 Case No. Nature of Acti'on Affects Notice of the pendency of said action was Recorded February 9, 1968 in booK M-2772 page 966, Official Records - ..... TO l012.)-I056-IC C American lond Tille AssocIation Loon Polley Additional CovlIlroge- 1962 "' Cal,fornlO land Tille Assoclotlon Standard Coverog8 Policy-1963 SCHEDULE C The land referred to in th,s policy lS situated in the county of Los Angeles, state of California, and is described as follows That portion of Lot 2 of Tract No. 4869, in the city of Arcadia, county of Los Angeles, state of California as per map recorded in booK 52 page 13 of Maps, records of said county, described as follows: Beginning at the northwesterl~ corner-of said lot; thence easterly along the northerly line of said lot to the easterly line of the westerly 17.00 feet of said lot; thence southerly along said last mentioned easterly line to the beginning of a tangent curve concave northeasterly'.and having a radius of 15.00 feet and being tangent at its southerly terminus to the southerly line of said lot 2; thence southeasterly along said last mentioned curve to said last mentioned southerly line, thence westerly and northerly along the southerly and westerly lines respectively, of said lot 2 to the point of beginning. . .< /To..IH C < JI1? 236 VC ~~, "" ., F-;7 JT7 G/..~_ PORTION OF LOT 2 OF TRACT NO. 4869 @ ThIS IS n t a sur :y of the land but IS complied for mformatJon by the Title Insurance and rust Company from data shown by the official records : CONDITIO~S AND STIPULATIONS (Continued and Concluded From Reverse Side of Polley Face) the full amount of thl~ po hey, together \\ Ith all wsts, attorneys fee~ and cxpemes \\ hlCh the Company IS oblIgated hereunder to pay, shall term mate aU iJablllty of the Company hereunder In the event, after notice of claim has been given to the Com- pany by the Insured, the Company oCfers to purchase saId mdebtedness. the 0" net of ~uch Indebtedness shall transfer and assign ~ald mdebtedness aod the mortga1;c securing the same to the Company Uptln payment of the purchase pnce 7 PAYMENT OF LOSS (a) The liability of the Company under thiS policy shall 10 no case exceed, In a]l, the actual loss of the Insured and COqS and .\ttorneys' fees which the Company may be ohllgated hereunder to pay (b) The Company will pay, In additIOn to any Joss Insured agamst by thIS pollcv JlI co~[s Imposed upon the In<;ured In liti- gation carried on by the Company for the Insured, and all costs and attorney<;' fees In litigatIOn carned on by the Insured wIth the wmten authOflzatlOn of the Company (c) No claIm for damage<; shall MIse or be maintainable under thIS po\Jcy (1) If the Company, after having receIved notlce of an alleged defect, lien or encumbrance not excepted or excluded herem remove<; .::.uch defect, hen or encumbrance within a reasonable ome after receipt of such notlce, or (2) for liabIlIty voluntanly assumed by the Insured m settlmg any clair]) or SUIt without wfltten consent of the Company. or (3) m the event the [I tie IS rejected as unmarketable because of a defect, ilen or encumbrance nor excepted or excluded In thiS pohcy, until there has been a fmal determlOauon by a COUrt of competent JU[l<;. dICtIOn sustaining such rejection (d) All payments under thiS pobcy. e>.- cepe payments made for co~t<;. atrorney<; fees and expenses, shall reduce the "'-mount of the Insurance pro tanto and no payment shall be made without produClOg tl1I5 pohcy for endorsement of <;uch payment unless the poilcy be lost or destroyed, 10 which case proof of such loss or destructIOn <;ha1l be furOl<;hed to the satisfaCTIon of the Com- pany, proVided, however, If the 0\\ ner of an lndebtednes<; <;ecured by a mon,(:.!,(:!.' shown In Schedule B IS an Io<;urc-d herun then such pavment<; shall not reduce pw tanto the amount of the Insurance affordu.:l hereunder as to such Insured, except to the exrent [hat such payments reduce [he amount of the Indebtedness secured by such mOrl- gage Payment U'I full by any person or voluntary <;atlsfacuon or release by the In- <;lll cd of a mortgage covered by thiS policy shall terminate all iJablllty of the Cornp.lnY to the Insured owner of [he mdebtedne<;s ~ecured by <;uch mortgage, e'(cept .IS pro- Vided In paragraph 2 hereof (c) When liability has been deflnltt'ly fixed In accordance wuh the condltJoC\<; of thiS policy the ]o<;s or damage shall be pay, able WHhln thirty days thereafter 8 LIABILITY NONCUMULATIVE It IS expressly understood that tht amount of th1S polICY 1S reduced by any amount (he Company may pay undt'r am' poilcy mSUrlng the validity or prlOflty of any mortgage <;hown or referred to In Schedule B hereof or any mortgage here- after executed by the Insured which 1<; a charge or lien on the e<;tate or IntcrL'\t deSCrIbed or referred to In Schedule A, and the amount <;() paid shall be deemed a par ment to the lmured under thiS polICY Tht., prOVISIOns of thl<; p.J.ragraph numbered R shall not apply to an Insured owner of .In mdebtcdnes.. secured by a mortgage sho\\ n In Schedule B unless such Insured acqUlre<; wle to said estate or Interest m satlsfactlllO of saId mdebtednes<; or any part thereof 9 SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company sh,dl h.!ve ,cttlc-d a dalm under thiS pohcy, all fight of ~ub- rogatIOn <;h01Il vest In the Company un- affected by any act of the In<;ured, and It <;h01Il be subrogated to and be entitled to all nghts and remedies wtnch the Insured would have had against any person or prop- erty In re<;pect to <;uch claim had thIS polley not been I<;sued If the payment does not cover the los<; of the Insured, the Company <;hall bt' <;ubrog01ted to such nght<; and remedies 10 the proportIOn which ,aid p.lY- ment he.lr~ to the amount of ~atd I(hs If @ lo,., ~hlltlld IL',ult fllll11 .my .In of the In- \ured .,uch .lU ,b,dl not VOid tbl" polICY hut the Con'pmy, lO tlut t\ent sh.lll bt' requlrt'd to p,I~' only th,t( p.!rt of ,my lo~se<; lO<;urtd ,1I~alO.,t lH'rtundn whlth ~h,lll e\.- teed thl: .!mount. If ,lOr, lll.,t 10 the Com- p.lny oy rt'a.,on of the Illlp.![rmen{ of the; fight of <;ubmg.\t1\\[l TIlt' Inwred. If It'- qUt'stt'd by the Cllmpan} <;h,lll tr,IO:.fer to the Company .111 n~hh and remedle., agalO<;t any person or propeny netes<;ary 10 ordu to pt.rfecr \lIth n~ht of .,ubrog,ltIOIl, and sh.!lI permit tht.. Comp.!ny to u<;e tht. name of the In\ured In ,my tran<;act!on or btlg-atmn IOVOIVIO,(: <;uth flRht<; or rel11(JltS If the In<;ured 1<; tht. owner of th(' In- debtedne<;~ st'cured hy a mort~age covered by th[., pohcy, <;uch Imured may release or <;ubstltute the per<;onal Itabdlty of .IOY debtor or ,guarantor, or t. ...{end or otherwtst. modify the lerms of payment or rde;tst' a portIOn of the e.,tJ.te or lll.terest from the lien llf the mortg,lgt, or relt.,I<;e any col- lateral <;ecunty for tilt IOdebtednt.~., pro- \ Ided ~uLh .Ict dot. \ no{ I e\ull 10 any los<; of prlUnty of the lien of the Ilwrtgage 10 POLICY ENTIRE CONTRACT Any ,"tlon or ,1ttlOn<; 01 n~hh of actIOn th It the Imured may h.lvt. or may bnng .!g.J.m<;{ the Comp lilY ,lrl<;ltlg out or till:' \t.nu<; of the hen lIf tl-1(:' mmtg.\l~e cllverL'd hy thl<; policy or the IIIle of the e<;{,lte or mterest JfI<;ured ht'rcln lllU<;t bt: ha<;td on the pf(lVI~lon<; of thl\ pol ICY No proVISIOn or conditIOn (1f thiS policy L.m blO" waived or ch.!ngL'd t'xcept by \\ nun,(: t'nJor.,ed hereon or .lttached hereto <;IRntd 0\ tht' Pre<;ldent, .1 Vile Pre"ldent, tht. Sccret..uy an A<;\l.,t,lnt SeLfet.lry 01 other ,.!hJ.ltlO,g offlctr of tilt Comp,IOY 11 NOTICES, WHERE SENT All notl"~<; requlfl:d to be glvl:n tht COI1l- p.!ny and any <;tateffic-nt 10 WCl[JOe: leqUlred to be fucOIshed tht. Company <;ha11 bt' ad- dressed to It at tht' offlct' which I<;SUcJ thl<; pohey or to It<; Home Office, 133 South SprlOg Street, Lo<; ^n~t1es '4, CahforOla 12 THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TiTlE SEARCH, TiTlE EXAMINATION AND TiTlE INSURANCE Title Insurance and Trust Company ,,"PUNDED IN '893 POLICY OF TITLE INSURANCE O/fermg complete tale servtces throughout the state of Cahforma wtth Just one local call Complete tltle serVIces also aUallable In the states of Alaska, Nevada, Oregon and Washrngton through substdmry Compames Title Insurance and Trust Company Home Olliee 433 South Spring Street Los Angeles 54, California